DISTINCTIONS

POINT OF REAL CHATTEL

DISTINCTION SALES COMMODATU MUTUUM PLEDGE ESTATE MORTGAGE ANTICHRESI
M MORTGAGE S
As to cause Onerous Essentially Onerous or Cause is Cause is Cause is Cause is
Gratuitous Gratuitous principal principal principal principal
obligation obligation obligation obligation
(Accessory (Accessory (Accessory (Accessory
Contract) Contract) Contract) Contract)
As to kind Consensual Real Real Real Consensual Consensual Consensual or
Real
As to subject Movable or Non- Money/ Movables Immovables Movables Fruits of
matter Immovable consumable Fungible and alienable Immovables
things (May be things real rights
consumable for imposed
exhibition only) upon
immovables
As to purpose Delivery of the Use of the thing Consumption Security for Security for Security for Security for the
thing, transfer of of the thing the the the performance of
ownership and performance performance performance the principal
payment of the of the of the of the obligation
price principal principal principal
obligation obligation obligation
As to Ownership is Bailor retains Ownership is Creditor Debtor Debtor Antichretic
possession transferred to the ownership transferred to (pledgee) (mortgagor) (mortgagor) creditor or
and ownership buyer upon borrower obtains Antichretic
delivery possession debtor
but Debtor
(pledgor)
retains
ownership
As to form No form No form Interest must Public Registration Registration Must be in
required required unless required be in writing instrument (to bind third (for validity) writing (for
covered by (to bind third persons) validity)
Statute of Frauds persons) Affidavit of
Good Faith
(to bind third
 persons)

As to fruits Buyer has the Bailee not N/A Applied first Not applied Not applied Applied first to
right to the fruits entitled to fruits to interest, (creditor does (creditor does interest, then
upon perfection unless stipulated then to not have the not have the to principal
of the contract principal right to right to
receive fruits) receive fruits)
As to payment Owner Bailor Owner Debtor Debtor Debtor Antichretic
of taxes (pledgor) (mortgagor) (mortgagor) creditor
As to Vendee a retro N/A N/A Extrajudicial Extrajudicial Extrajudicial Judicial
sale/foreclosur acquires the or judicial or judicial
e property if there
is no redemption
(for sale w/ right
of repurchase)
As to No deficiency N/A N/A No With With With deficiency
deficiency judgment (for deficiency deficiency deficiency judgment
judgment sale of personal judgment judgment judgment
property payable
in installments)

Redemption is
required (for sale
w/ right of
repurchase)